Session 2010-12
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Fixed-term Parliaments Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Instruction of 21st July 2008, as follows—

Clauses 198 to 221
Schedule 12
Clauses 222 and 223
Schedule 13
Clauses 224 to 227

[Amendments marked * are new or have been altered]

Clause 1

LORD FALCONER OF THOROTON

LORD BACH

1*

Page 1, line 4, leave out from “election” to end of line 5 and insert “shall be 8 May 2014”

2*

Page 1, line 5, leave out from “be” to end of line 8 and insert “on the day appointed by Her Majesty by proclamation on the recommendation of the Prime Minister, and subsequent parliamentary general elections shall be every four years thereafter”

LORD FALCONER OF THOROTON

LORD BACH

LORD LLOYD OF BERWICK

3

Page 1, line 6, leave out subsection (3) and insert—

“( ) Following the next parliamentary general election after the passing of this Act, the polling day for each subsequent parliamentary general election is to be the first Thursday in May in the fourth calendar year following that in which the polling day for the previous parliamentary general election fell.”

LORD PANNICK

BARONESS BOOTHROYD

LORD BUTLER OF BROCKWELL

LORD ARMSTRONG OF ILMINSTER

4

Page 1, line 6, at beginning insert “If, but only if, a resolution to this effect is approved by each House of the Parliament in question,”

5

Page 1, line 6, leave out “each” and insert “a”

LORD GROCOTT

6

Page 1, line 6, after “be” insert “on or before”

LORD FALCONER OF THOROTON

LORD BACH

7*

Page 1, line 7, leave out “fifth” and insert “fourth”

LORD GROCOTT

8

Page 1, line 8, at end insert—

“( ) Each five-year parliament shall include a minimum of five parliamentary sessions.”

LORD FALCONER OF THOROTON

LORD BACH

9*

Page 1, line 9, leave out subsection (4)

LORD FALCONER OF THOROTON

LORD BACH

LORD LLOYD OF BERWICK

10

Page 1, line 13, leave out ““fifth” there were substituted “fourth”” and insert ““fourth” there were substituted “third””

LORD NORTON OF LOUTH

11

Page 1, line 14, leave out subsection (5)

LORD RENNARD

LORD TYLER

LORD MARKS OF HENLEY-ON-THAMES

12

Page 1, line 16, leave out “earlier or”

LORD FALCONER OF THOROTON

LORD BACH

13*

Page 1, line 16, leave out “or (3)”

LORD RENNARD

LORD TYLER

LORD MARKS OF HENLEY-ON-THAMES

14

Page 1, line 17, leave out “earlier or”

LORD NORTON OF LOUTH

15

Page 1, line 18, leave out subsection (6)

LORD RENNARD

LORD TYLER

LORD MARKS OF HENLEY-ON-THAMES

16

Page 1, line 20, at end insert “, and the Speaker of the House of Commons has issued a certificate—

(a) certifying that the House of Commons has passed a resolution approving the statutory instrument,

(b) certifying whether or not the motion was passed on a division, and

(c) if it is certified that the motion was passed on a division, certifying that the number of members who voted in favour of the motion was a number equal to or greater than two-thirds of the number of seats in the House (including vacant seats)”

LORD NORTON OF LOUTH

17

Page 2, line 1, leave out subsection (7)

LORD GROCOTT

18*

Leave out Clause 1

Clause 2

LORD NORTON OF LOUTH

19

Page 2, line 21, leave out subsection (4)

LORD HOWARTH OF NEWPORT

BARONESS BOOTHROYD

LORD MARTIN OF SPRINGBURN

LORD PANNICK

LORD WALLACE OF TANKERNESS

20*

Leave out Clause 2 and insert the following new Clause—

“Early parliamentary general elections

(1) An early paraliamentary general election is to take place if—

(a) the House of Commons passes a motion in the form set out in subsection (2), and

(b) if the motion is passed on a division, the number of members who vote in favour of the motion is a number equal to or greater than two thirds of the number of seats in the House (including vacant seats).

(2) The form of motion for the purposes of subsection (1)(a) is—

“That there shall be an early parliamentary general election.”

(3) An early parliamentary general election is also to take place if—

(a) the House of Commons passes a motion in the form set out in subsection (4), and

(b) the period of 14 days after the day on which that motion is passed ends without the House passing a motion in the form set out in subsection (5).

(4) The form of motion for the purposes of subsection (3)(a) is—

“That this House has no confidence in Her Majesty’s Government.”

(5) The form of motion for the purposes of subsection (3)(b) is—

“That this House has confidence in Her Majesty’s Government.”

(6) Subsection (7) applies for the purposes of the Timetable in rule 1 in Schedule 1 to the Representation of the People Act 1983.

(7) If a parliamentary general election is to take place as provided for by subsection (1) or (3), the polling day for the election is to be the day appointed by Her Majesty by proclamation on the recommendation of the Prime Minister (and, accordingly, the appointed day replaces the day which would otherwise have been the polling day for the next election determined under section 1).”

LORD NORTON OF LOUTH

21

Leave out Clause 2 and insert the following new Clause—

“Early parliamentary general elections (No. 2)

(1) An early parliamentary general election is to take place if—

(a) the House of Commons has passed the motion “That there shall be an early general election”, and

(b) if passed on a division, the number of members voting in favour of the motion was a number equal to or greater than two-thirds of the number of seats in the House (including vacant seats).

(2) An early parliamentary general election is also to take place if—

(a) on a specified date the House of Commons has passed a motion that “This House has no confidence in Her Majesty’s Government”, or

(b) on a specified date the House of Commons has negatived a motion “That this House has confidence in Her Majesty’s Government”, and

(c) the period of 14 days after the specified day has ended without the House passing the motion “That this House has confidence in Her Majesty’s Government”.

(3) An early parliamentary general election is also to take place if—

(a) on a specified date the Prime Minister tenders the resignation of the Government, without the conditions in subsection (1) or (2) having been met; and

(b) the period of 60 days after the specified day has ended without the House passing the motion “That this House has confidence in Her Majesty’s Government”.

(4) The record of the House of Commons is conclusive for all purposes under this section.

(5) Subsection (6) applies for the purposes of the Timetable in rule 1 in Schedule 1 to the Representation of the People Act 1983.

(6) If a parliamentary general election is to take place as provided for by subsection (1), (2) or (3), the polling day for the election is to be the day appointed by Her Majesty by proclamation on the recommendation of the Prime Minister (and, accordingly, the appointed day replaces the day which would otherwise have been the polling day for the next general election determined under section 1).”

LORD CORMACK

LORD HOWE OF ABERAVON

22

Leave out Clause 2 and insert the following new Clause—

“Early parliamentary general elections (No. 3)

(1) If at any time the House of Commons passes a motion of no confidence in Her Majesty’s Government, the Prime Minister shall forthwith submit to Her Majesty a request for a proclamation to dissolve Parliament and provide for a general election.

(2) A vote of no confidence in Her Majesty’s Government shall be deemed to have been passed if the House of Commons—

(a) denies a Second Reading or Third Reading to a Finance Bill;

(b) passes a motion of no confidence in Her Majesty’s Government tabled by the Leader of Her Majesty’s Opposition.”

Clause 7

LORD GROCOTT

23

Page 4, line 3, leave out “on the day it is passed” and insert “following the passing of an Act determining the polling dates for an elected House of Lords”

LORD FALCONER OF THOROTON

LORD BACH

24*

Page 4, line 3, at end insert “, except sections 2, 3 and 6(3) which come into effect after the next parliamentary general election to be held after the passing of this Act”

LORD PANNICK

BARONESS BOOTHROYD

LORD BUTLER OF BROCKWELL

LORD ARMSTRONG OF ILMINSTER

25

Page 4, line 6, at end insert—

“(4) Sections 2, 3 and 6(3) shall have effect only until the first meeting of the new Parliament after the next parliamentary general election, but that Parliament or any subsequent Parliament may bring those sections back into force for the Parliament’s own duration and until the first meeting of the following Parliament if a resolution to that effect is approved by each House of the Parliament in question.”